Skirting the law is actually not a crime. Shouldn't even need to be said but here we are.
That’s not squirting the law that’s breaking the law. It’s called intent
It may not be in the Netherlands, but it is here or they wouldn’t be charging them
AFAIK, this is where you are wrong. They are charging them because they think they can win and set precedent.
....however, I do agree with your point that it's not a wise course of action to poke the bear and publicly acknowledge doing so. It's just not illegal. and I don't think its unethical either.